DOCSLIB.ORG

Article 61 Conservation of the Living Resources

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Article 61 Conservation of the Living Resources Accepted author manuscript of the following book chapter: Harrison, J., & Morgera, E. (2017). Commentary to Articles 61-65. In A. Proelß (Ed.), United Nations Convention on the Law of the Sea : A Commentary (pp. 480-526). Oxford: Hart Publishing. Article 61 Conservation of the living resources James Harrison, University of Edinburgh Elisa Morgera, University of Strathclyde 1. The coastal State shall determine the allowable catch of the living resources in its exclusive economic zone. 2. The coastal State, taking into account the best scientific evidence available to it, shall ensure through proper conservation and management measures that the maintenance of the living resources in the exclusive economic zone is not endangered by over-exploitation. As appropriate, the coastal State and competent international organizations, whether subregional, regional or global, shall cooperate to this end. 3. Such measures shall also be designed to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors, including the economic needs of coastal fishing communities and the special requirements of developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, whether subregional, regional or global. 4. In taking such measures the coastal State shall take into consideration the effects on species associated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened. 5. Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations, whether subregional, regional or global, where appropriate and with participation by all States concerned, including States whose nationals are allowed to fish in the exclusive economic zone. Bibliography David J. Attard, The Exclusive Economic Zone in International Law (1987) Richard Barnes, The Convention on the Law of the Sea: An Effective Framework for Domestic Fisheries Conservation?, in: David Freestone/Richard Barnes/David M. Ong (eds.), The Law of the Sea: Progress and Prospects (2006), 233-260 Patricia Birnie/Alan Boyle/Catherine Redgwell, International Law and the Environment (3rd edn. 2 2009) William T. Burke, The New International Law of Fisheries: UNCLOS 1982 and Beyond (1994) William T. Burke, U.S. Fishery Management and the New Law of the Sea, AJIL 76 (1982), 24-55 John F. Caddy/Rubin Mahon, Reference Points for Fisheries Management: FAO Fisheries Technical Paper. No. 347 (1995) Donna R. Christie, The Conservation and Management of Stocks Located Solely Within the Exclusive Economic Zone, in: Ellen Hey (ed.), Developments in International Fisheries Law (1999), 395-419 Juliet Eilperin, US Tightens Fishing Policy, Setting 2012 Catch Limits for All Managed Species, Washington Post, 8 January 2012 David Freestone, Implementing Precaution Cautiously: The Precautionary Approach in the Straddling and Highly Migratory Fish Stocks Agreement, in: Ellen Hey (ed.), Developments in International Fisheries Law (1999), 287-325 James Harrison, Making the Law of the Sea (2011) Moritaka Hayashi, The Straddling and Highly Migratory Fish Stocks Agreement, in: Ellen Hey (ed.), Developments in International Fisheries Law (1999), 55-83 Douglas M. Johnston, International Law of Fisheries (1965) Marion Markowski, The International Law of EEZ Fisheries (2010) Gerald Moore, The Code of Conduct for Responsible Fisheries, in: Ellen Hey (ed.), Developments in International Fisheries Law (1999), 85-105 Myron H. Nordquist/Satya N. Nandan/Shabtai Rosenne (eds.), United Nations Convention on the Law of the Sea 1982: A Commentary, vol. II (1993) David M. Ong, Towards an International Law for the Conservation of Offshore Hydrocarbon Resources within the Continental Shelf?, in: David Freestone/Richard Barnes/David M. Ong (eds.), The Law of the Sea: Progress and Prospects (2006), 93-114 Donald R. Rothwell/Tim Stephens, The International Law of the Sea (2010) Charlotte Salpin, The Law of the Sea: A Before and An After Nagoya?, in: Elisa Morgera/Matthias Buck/Elsa Tsioumani (eds.), The 2010 Nagoya Protocol on Access and Benefit-sharing: Implications for International Law and Implementation Challenges (2012), 149-183 Yoshifumi Tanaka, A Dual Approach to Ocean Governance (2008) Francisco O. Vicuña, The Exclusive Economic Zone: Regime and Legal Nature under International Law (1989) Harrison/Morgera 3 Documents Conservation and Management Plan for Marine Turtles of the Atlantic Coast of Africa (2008) COP CBD, Decision Adopted by the Conference of the Parties to the Convention on Biological Diversity at Its Tenth Meeting: X/29. Marine and Coastal Biodiversity, UN Doc. UNEP/CBD/COP/DEC/X/29 (2010) COP CBD, Decision Adopted by the Conference of the Parties to the Convention on Biological Diversity at Its Tenth Meeting: Decision X/2. The Strategic Plan for Biodiversity 2011-2020 and the Aichi Biodiversity Targets, UN Doc. UNEP/CBD/COP/DEC/X/2 (2010) COP CBD, Decision Adopted by the Conference of the Parties to the Convention on Biological Diversity at Its Eleventh Meeting: Decision IX/20. Marine and Coastal Biodiversity, UN Doc. UNEP/CBD/COP/DEC/IX/20 (2008) COP CBD, Decision Adopted by the Conference of the Parties to the Convention on Biological Diversity at its Seventh Meeting: VII/5. Marine and Coastal Biological Diversity, UN Doc. UNEP/CBD/COP/DEC/VII/5 (2004) COP CBD, Report of the Fifth Meeting of the Conference of the Parties to the Convention on Biological Diversity, UN Doc. UNEP/CBD/COP/5/23 (2000) COP CBD, Report of the Fourth Meeting of the Conference of the Parties to the Convention on Biological Diversity, UN Doc. UNEP/CBD/COP/4/27 (1998) COP CBD, Report of the Second Meeting of the Conference of the Parties to the Convention on Biological Diversity, UN Doc. UNEP/CBD/COP/2/19 (1995) COP CMS, Bycatch of CMS-Listed Species in Gillnet Fisheries, UN Doc. UNEP/CMS/Resolution 10.14 (2011) COP CMS, Memorandum of Understanding on the Conservation of Migratory Sharks, UNEP Doc. CMS/Sharks/Outcome 1.2 (2012), Annex 3 (Conservation Plan) FAO, International Guidelines on Bycatch Management and Reduction of Discards (2011) FAO, Report of the Twenty-Ninth Session of the Committee on Fisheries, Doc. FIPI/R973 (2011) FAO, International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing (2001) FAO, International Plan of Action for the Conservation and Management of Sharks, International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries, International Plan of Action for the Management of Fishing Capacity (1999) FAO, Code of Conduct on Responsible Fisheries (1995) Memorandum of Understanding on the Conservation and Management of Marine Turtles and their Harrison/Morgera 4 Habitats of the Indian Ocean and South-East Asia Conservation and Management Plan (2009) Secretary General, Report of the World Commission on Environment and Development, UN Doc. A/42/427 (1987) Single Species Action Plan for the Loggerhead Turtle (Caretta caretta) in the South Pacific Ocean (2014) UN Declaration on the Rights of Indigenous Peoples, GA Res. 61/295 of 13 September 2007 UN World Summit on Sustainable Development, Report of the World Summit on Sustainable Development, UN Doc. A/CONF.199/20 (2002) UNCED, The Rio Declaration on the Environment and Development, UN Doc. A/CONF.151/5/REV.1 (1992), ILM 31, 874 UNCED, Report of the United Nations Conference on the Environment and Development, UN Doc. A.CONF/151/26/REV.1 (Vol. I) (1992), 9-479 (Agenda 21) Cases ICJ, Fisheries Jurisdiction Case (United Kingdom of Great Britain and Northern Ireland v. Iceland), Merits, Judgment of 25 July 1974, ICJ Reports (1974), 3 PCA, The North Atlantic Coast Fisheries Case (Great Britain v. United States of America), Award of 7 September 1910, RIAA XI, 167 ITLOS Seabed Disputes Chamber, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area, Advisory Opinion of 1 February 2011, available at: http://www.itlos.org/fileadmin/itlos/documents/cases/case_no_17/adv_op_010211.pdf PCA (Arbitral Tribunal Constituted under Annex VII UNCLOS), The Chagos Marine Protected Area Arbitration (Mauritius/United Kingdom of Great Britain and Northern Ireland), Award of 18 March 2015, available at: http://www.pca-cpa.org/showpage.asp?pag_id=1429 ITLOS, Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission (SRFC), Advisory Opinion of 2 April 2015, available at: https://www.itlos.org/en/cases/list-of- cases/case-no-21/ Contents I. Purpose and Function 1 II. Historical Background 5 III. Elements 11 1. ‘conservation and management measures’ 11 2. ‘maximum sustainable yield’ 13 3. ‘allowable catch’ 16 4. Other Conservation Measures 17 5. Generally Recommended International Minimum Standards 18 6. Best Available Scientific Evidence and the Precautionary Principle 21 7. Exchange of available Scientific Information 26 Harrison/Morgera 5 8. Cooperation with Competent Organization 27 9. Associated Species 28 10. Outlook 30 I. Purpose and Function 1 The establishment of the exclusive economic zone (EEZ) means that most of the world’s fish stocks are now
Load more

Recommended publications
  • Legal Rules Applicable to the Equitable Maritime Boundaries Delimitation in the Eastern Mediterranean Sea: an Egyptian Perspective
    Legal Rules Applicable to the Equitable Maritime Boundaries Delimitation in the Eastern Mediterranean Sea: An Egyptian Perspective Ibrahim Ahmed EL Diwany United Nations – The Nippon Foundation of Japan Fellowship Programme 2018 Disclaimer The views expressed herein are those of the author and do not necessarily reflect the views of the United Nations, The Nippon Foundation of Japan, The Government of the Arab Republic of Egypt or Utrecht University. Abstract The Eastern Mediterranean Sea Basin is a semi-enclosed Sea bordered by ten States. The growing economic interests in the basin natural resources have motivated the basin States to claim jurisdiction over its exclusive economic zones and continental shelves. The absence of defined maritime boundaries, in this confined basin with numerous islands, have generated contesting claims between basin States on the overlapping undelimited maritime areas. The majority of maritime boundaries in the Eastern Mediterranean Sea are not delimited yet. Only four maritime boundaries, out of seventeen potential boundaries, were delimited by agreements. The delimitation of maritime boundaries in the basin is vital. It establishes legal certainty to maritime boundaries that enables basin States to exercise safely their sovereignty rights for exploring and exploiting their natural resources in their maritime areas. The research paper aims to identify the legal rules and principles governing maritime boundaries delimitation in the Eastern Mediterranean Sea Basin and its application on the delimitation of Egypt’s maritime boundaries with opposite and adjacent States. It explores in the first part the “equidistance/special circumstances” rule applicable for the delimitation of the territorial sea, the “agreement/equitable result” rule applicable for the delimitation of the extended maritime zones and the “equidistance/relevant circumstances” rule considered in recent jurisprudence.
    [Show full text]
  • 1 James Kraska
    C URRICULUM V ITAE James Kraska Stockton Center for the Study of International Law United States Naval War College 686 Cushing Rd. Newport, RI 02841 (401) 841-1536 [email protected] Education S.J.D. University of Virginia School of Law LL.M. University of Virginia School of Law J.D. Indiana University Maurer School of Law M.A.I.S. School of Politics and Economic, Claremont Graduate School B.A. Mississippi State University, summa cum laude Professional Experience Present Chairman and Howard S. Levie Professor (Full professor with tenure) Stockton Center for the Study of International Law, U.S. Naval War College Fall 2017 Visiting Professor of Law and John Harvey Gregory Lecturer on World Organization, Harvard Law School 2013-14 Mary Derrickson McCurdy Visiting Scholar, Nicholas School of the Environment, Duke University 2008-13 Professor of Law, Stockton Center for the Study of International Law, U.S. Naval War College Fall 2012 Visiting Professor of Law, University of Maine School of Law 2007-08 Director, International Negotiations Division, Global Security Affairs, Joint Staff, Pentagon 2005-07 Oceans Law and Policy Adviser, Joint Staff, Pentagon 2002-05 Deputy Legal Adviser, Deputy Chief of Naval Operations for Plans, Policy and Operations, Pentagon 2001-02 International Law Adviser, Office of the Navy Judge Advocate General, Pentagon 1999-01 Legal Adviser, Expeditionary Strike Group Seven/Task Force 76, Japan 1996-99 Legal Adviser, Dep’t of Defense Joint Interagency Task Force West 1993-96 Criminal Trial Litigator, U.S. Naval Legal Service Office, Japan 1992-93 Post-Doctoral Fellow, Marine Policy Center, Woods Hole Oceanographic Institution * 1993-2013, Judge Advocate General’s Corps, U.S.
    [Show full text]
  • University of Hawaii School of Law Library
    by Professor Jon M. Van Dyke University of Hawaii NIl~~:=:~ MARrTlME INSTITUTE OF MAlAYSIA INSTITUT MARITIM MALAYSIA .:n: .:r=.e- 1 - 2 All· gus t es;== ~~~ Prince Hotel And Residence, Kuala Lumpur University of Hawaii School of Law Library - Jon Van Dyke Archives Collection Fifth MIMA Conference on the Straits .of Malacca: Present and Filture Perspectives Kuala Lumpur, Malaysia August 1-2, 2006 Transit Passage Through International Straits Jon M. Van Dyke William S. Richardson School of Law University of Hawai'i at Manoa [email protected] The Third United Nations Conference on the Law of the Sea Ii 974-1982).1 The Third United Nations Conference on the Law of the Sea began in 1974 in Caracas,' Venezuela, amid great fanfare and high expectations. The delegations gathered to negotiate a comprehensive treaty that would clarify and bring certainty to the many ocean issues that had divided nations over the years. Eight years later, after long negotiating, sessions that, alternated between New York and Geneva, the Law of the Sea Convention was completed, and on December 10, 1982, 119 nations signed the document in Montego Bay, Jamaica. The Convention came into force in July 1994 after a sufficient number of countries had formally ratified the treaty.2 . I ' One of the central disputes among the countries negotiating this treaty concerned the width of the territorial sea, coastal state control of its adj acent --1· A few sections of this paper are adaptedfromJon M. VanDyke, Legal and Practical Problems-Governing International·· Straits, in OCEAN YEARBOOK 12 at 109 (Elisabeth Mann Borgese, Norton Ginsburg, and Joseph R.
    [Show full text]
  • International Seabed Authority
    International Seabed Authority Press Release Fourteenth Session Kingston Jamaica 26 May – 6 June 2008 SB/14/7 Assembly (AM/PM) 29 May 2008 SEABED ASSEMBLY HEARS SECRETARY-GENERAL’S REPORT, ELECTS PRESIDENT AND VICE PRESIDENTS, APPOINTS CREDENTIALS COMMITTEE The upsurge in demand and increasing prices of metals on the world market is one major factor in the profitability and attractiveness of investments in deep seabed mining, Satya N. Nandan, Secretary- General of the International Seabed Authority, said in his final annual report to the Authority’s Assembly this morning. Mr. Nandan, who ends his third consecutive term of office at the end of this year, delivered his report as the Authority’s fourteenth session continued in Kingston. He told the 155-member Assembly that the trend in the prices for cobalt, copper, nickel and manganese – the main metals that would be derived from seabed mining - continued to show strong upward movement. Consequently, land-based production had increased steadily to cope with increased demand. It was anticipated that supply would struggle to keep up with this increased demand, the report said. Mr. Nandan commended the host country, Jamaica, for its strong support and cooperation in efforts to renovate the Jamaica Conference Centre which houses the Authority’s Headquarters and conference facilities. “We enjoy the best of relations with the government of Jamaica”, he told members of the Assembly. Before hearing the report, the Assembly elected Ryszard Kotlinski, (Poland), as its president for the fourteenth session, with Italy, Uganda and Indonesia as vice-presidents, representing Western Europe, Africa and Asia, respectively. Also this morning, seven members were appointed to the Credentials Committee.
    [Show full text]
  • Annual Report 2010-2011
    United Nations International School ECOLE INTERNATIONALE DES NATIONS UNIES ANNUAL REPORT 2010-2011 UNITED NATIONS INTERNATIONAL SCHOOL ANNUAL REPORT 2010-2011 TABLE OF CONTENTS PAGE NUMBER School Mission and Guiding Principles 1 Board of Trustees’ Annual Report 3 Executive Director’s Report to the Board of Trustees 18 Schools Junior School Manhattan 19 Middle School Manhattan 24 Queens Campus 28 Tutorial House 30 o College Admissions 32 o College Attendance 35 o College Offers of Admission 36 o Student Awards 38 o UNIS-UN Conference 40 Department Highlights 42 Admissions 64 Office of Special Programs 69 Curriculum 74 Library 77 Information and Communication Technology 78 Media Lab Classroom and Media Studio 79 Office of Student Activities 81 UN Initiatives 83 Acknowledgement of Donors 85 We have made every effort to ensure that this annual report is accurate. Please notify the Executive Director’s Office if there are corrections to be made. ANNUAL REPORT OF THE BOARD OF TRUSTEES 2010-2011 SCHOOL MISSION The United Nations International School provides an international education that emphasizes academic excellence within a caring community for kindergarten through twelfth grade students from families of the United Nations, as well as from other families seeking a similar education for their children. The School promotes the appreciation of the diversity of persons and cultures, provides an optimal environment for learning and teaching, and offers a global curriculum that inspires in its students the spirit and ideals of the United Nations Charter. GUIDING PRINCIPLES The United Nations International School provides an environment for optimal learning and teaching in an international setting that fosters understanding, independence, interdependence, and cooperation.
    [Show full text]
  • 6 Administration – the Secretariat
    ADMINISTRATION – 6 THE SECRETARIAT 6 ADMINISTRATION – THE SECRETARIAT The Secretariat of ISA is located in Kingston, Jamaica. It is headed by the Executive Office of Office of Legal Affairs Secretary-General, Michael W. Lodge, who is the chief administrative officer, The Secretary-General and consists of 44 regular posts and two temporary support positions. The main functions of the Secretariat include providing support to the Secretary-General; producing reports and other documents that facilitate Michael W. Lodge Alfonso Ascencio-Herrera Talatu Akindolire the deliberations and decision-making by the other principal organs; producing Secretary-General Legal Counsel & Deputy publications, information bulletins and analytical studies and disseminating to the Secretary-General Marie Bourrel-McKinnon Annekah Mason information on the activities and decisions of ISA; organizing and servicing ChaPi Mwango Training Coordinator expert group meetings, seminars and workshops; implementing the work Assistant to the Secretary-General Chief, Contract Management Unit Kayon Wray programmes and policies laid down by the other principal organs; ensuring Katie Elles Yongsheng Cai Documents and Conference compliance with plans of work for exploration and exploitation; and performing Communications Specialist the functions of the Enterprise until it begins to operate independently. 18 NATIONALITIES Charlotte SalPin Patrena Salmon Administrative Assistant Shanique Gregory Gwénaëlle Le Gurun Senior Communications Assistant Michelle Bond Keisha Dunn
    [Show full text]
  • EU External Migration Policy and the Protection of Human Rights
    IN-DEPTH ANALYSIS Requested by the DROI subcommittee EU External Migration Policy and the Protection of Human Rights @Adobe Stock Policy Department for External Relations Directorate General for External Policies of the Union PE 603.512 - September 2020 EN DIRECTORATE-GENERAL FOR EXTERNAL POLICIES POLICY DEPARTMENT IN-DEPTH ANALYSIS EU External Migration Policy and the Protection of Human Rights ABSTRACT This in-depth analysis focuses on the human rights implications of EU external migration policy interventions: (1) identifying human rights obligations owed to third-country nationals when engaging in cooperation with third countries and non- EU actors; (2) assessing the means and level of compliance with these obligations when designing and implementing the main policy instruments; and (3) determining the existence and adequacy of operational, reporting, monitoring and accountability mechanisms available in each case to track and respond to potential violations. Particular attention is paid to soft-law tools, on account of their enhanced potential to erode the enforceability of obligations, to downgrade democratic accountability and generally undermine the rule of law. Paving the way for the New Pact on Migration and Asylum, special emphasis is placed on cooperation under the Global Approach to Migration and Mobility, the EU Agenda on Migration and the Migration Partnership Framework, including informal arrangements concluded by Frontex or by the Member States themselves. Four case studies guide the analysis and illustrate findings: (1)
    [Show full text]
  • The Law of the Sea a Select Bibliography 2014
    The Law of the Sea A Select Bibliography 2014 Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs United Nations LOS/LIB/29 Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs The Law of the Sea A Select Bibliography 2014 United Nations New York, 2019 NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the United Nations concerning the legal status of any country or territory or its authorities, or the delimitation of its frontiers. United Nations Publication ISBN: 978-92-1-130374-2 eISBN: 978-92-1-047895-3 Copyright © United Nations, 2019 All rights reserved Printed at the United Nations, New York CONTENTS Page INTRODUCTORY NOTE....................................................................... iv 1. LAW OF THE SEA (GENERAL)............................................................... 1 2. TERRITORIAL SEA AND CONTIGUOUS ZONE, INCLUDING BASELINES ...................... 3 3. EXCLUSIVE ECONOMIC ZONE AND FISHERY ZONE ......................................... 5 4. CONTINENTAL SHELF ..................................................................... 6 5. HIGH SEAS ................................................................................ 8 6. THE AREA AND THE INTERNATIONAL SEABED AUTHORITY................................ 10 7. ISLANDS AND ARCHIPELAGOS............................................................. 11 8. DELIMITATION OF MARITIME BOUNDARIES ..............................................
    [Show full text]
  • Military Activities in the Exclusive Economic Zone: Preventing Un
    Galdorisi, and Kaufman,: Military Activities in the Exclusive Economic Zone: Preventing Un MILITARY ACTIVITIES IN THE EXCLUSIVE ECONOMIC ZONE: PREVENTING UNCERTAINTY AND DEFUSING CONFLICT+ CAPTAIN GEORGE V. GALDORISI, USN (RET.)* COMMANDER ALAN G. KAUFMAN, JAGC, USN** I. OVERVIEW As globalization draws the community of nations more closely together, a body of law commonly referred to as the law of the sea represents an im- portant mechanism for ensuring that the rule of law governs the relations be- tween nations as they use the oceans for trade, for resource exploitation, for communications, and for many other activities. Much of what was once cus- tomary law governing the oceans has been codified by 1982 United Nations Convention on the Law of the Sea'-and this international accord also codi- fied evolving new regimes in the international law of the sea. One of the new and evolving regimes codified by the 1982 United Na- tions Treaty is that of a relatively new juridical concept called the Exclusive Economic Zone (EEZ).2 As defined by the Treaty, the EEZ "is an area be- + The views expressed in this article are those of the authors and do not reflect the official policy or position of the Department of Defense, the Department of the Navy, or the U.S. Government. B.S., U.S. Naval Academy, 1970; M.S. U.S. Naval Postgraduate School, 1977; M.A., University of San Diego, 1988. * B.S., Emory University, 1978; J.D. summa cum laude, University of Baltimore School of Law, 1985; LL.M., Harvard Law School, 1994. 1.
    [Show full text]
  • Overlapping Entitlements Between the Continental Shelf Beyond 200 Nautical Miles and the Exclusive Economic Zone
    University of Wollongong Research Online University of Wollongong Thesis Collection 2017+ University of Wollongong Thesis Collections 2019 Overlapping Entitlements between the Continental Shelf beyond 200 Nautical Miles and the Exclusive Economic Zone Leonardo Leonardo Follow this and additional works at: https://ro.uow.edu.au/theses1 University of Wollongong Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorise you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part of this work may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of the author. Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. A court may impose penalties and award damages in relation to offences and infringements relating to copyright material. Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form. Unless otherwise indicated, the views expressed in this thesis are those of the author and do not necessarily represent the views of the University of Wollongong. Research Online is
    [Show full text]
  • The Law of the Sea After Montego Bay
    The Law of the Sea After Montego Bay BERNARDO ZULETA* THE MONTEGO BAY CEREMONY On December 10, 1982, 119 States1 signed the United Nations * Under-Secretary-General of the United Nations, Special Representative of the Secretary-General to the Third United Nations Conference on the Law of the Sea. The opinions expressed in this statement are the author's and do not neces- sarily reflect the official views of the Secretariat of the United Nations. 1. The signatories were the following. African Group: Algeria, Angola, Burundi, Cape Verde, Chad, Congo, Djibouti, Egypt, Ethiopia, Gabon, Gambia, Ghana, Guinea-Bissau, Ivory Coast, Kenya, Lesotho, Liberia, Mauritania, Mauritius, Morocco, Mozambique, Niger, Nige- ria, Rwanda, Senegal, Seychelles, Sierra Leone, Somalia, Sudan, Togo, Tuni- sia, Uganda, United Republic of Cameroon, United Republic of Tanzania, Upper Volta, Zambia, Zimbabwe; Asian Group: Bahrain, Bangladesh, Bhutan, Burma, China, Cyprus, Democratic People's Republic of Korea, Democratic Yemen, Fiji, India, Indonesia, Iran, Iraq, Kuwait, Lao People's Democratic Republic, Malaysia, Maldives, Mongolia, Nauru, Nepal, Pakistan, Papua New Guinea, Philippines, Singapore, Solomon Islands, Sri Lanka, Thailand, Tuvalu, United Arab Emirates, Vanu- atu, Viet Nam, Yemen; Eastern European Group: Bulgaria, Byelorussian Soviet Socialist Republic, Czechoslovakia, German Democratic Republic, Hungary, Poland, Romania, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, Yugoslavia; Latin American Group: Bahamas, Barbados, Belize, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Grenada, Guyana, Haiti, Honduras, Jamaica, Mexico, Panama, Paraguay, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay Western European and Others Group: Australia, Austria, Canada, Denmark, Fin- land, France, Greece, Iceland, Ireland, Malta, Monaco, Netherlands, New Zea- land, Norway, Portugal, Sweden.
    [Show full text]
  • The EEZ Regime: Reflections After 30 Years
    LOSI Conference Papers, 2012 “Securing the Ocean for the Next Generation” Papers from the Law of the Sea Institute, UC Berkeley–Korea Institute of Ocean Science and Technology Conference, held in Seoul, Korea, May 2012 Proceedings edited by Prof. Harry N. Scheiber, LOSI and Director Moon Sang Kwon, KIOST Assistant Editor: Emily A. Gardner The EEZ Regime: Reflections after 30 Years Robert Beckman and Tara Davenport Robert Beckman is the Director, Centre for International Law (CIL) and Associate Professor, Faculty of Law, National University of Singapore (NUS), Singapore; Tara Davenport is a Research Fellow, Centre for International Law (CIL), Faculty of Law, National University of Singapore (NUS), Singapore All rights reserved by the authors. This paper was presented at the tenth in a series of annual international conferences organized and sponsored or co-sponsored by the Law of the Sea Institute, School of Law, University of California, Berkeley, USA. The May 2012 conference was jointly sponsored and co-organized in collaboration with the Korea Institute of Ocean Science and Technology (KIOST, formerly KORDI), and hosted by KIOST on May 21-24, 2012 in Seoul, Korea. This was the third LOSI- KIOST collaboration in conferences and publications. Proceedings from the 2012 LOSI-KIOST Conference on Securing the Ocean for the Next Generation The EEZ Regime: Reflections after 30 Years Robert Beckman and Tara Davenport1 Abstract: This paper will analyze the “specific legal regime” in Part V of UNCLOS to determine whether it has created a certain and predictable regime which has withstood the test of time. It will first review the key provisions in the EEZ regime and how they balance the rights, jurisdiction and duties of coastal states with the rights and duties of other States.
    [Show full text]